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SILVERSTEIN v. MARINE MIDLAND TRUST COMPANY OF NEW YORK

35 A.D.3d 840 (2006)

828 N.Y.S.2d 131

ROSALIND SILVERSTEIN, Appellant, v. MARINE MIDLAND TRUST COMPANY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. TRAMMEL CROW CORPORATE SERVICES, INC., Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 26, 2006.

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.

By failing to object to the charge as given, the plaintiff failed to preserve her contention that the court erred in instructing the jury on implied assumption of risk (see CPLR 4110-b; Schlecter v Abbondadello, 5 A.D.3d 582, 583 [2004]; O'Loughlin v Butler, 2 A.D.3d 605, 605-606 [2003...

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